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#1 |
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Member
Join Date: June 8, 2005
Posts: 18
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+P ammo legal concerns
Do any members not use +P ammo in their defensive gun due to concerns that if you ever had to shoot an assailant, this could possibly be used against you by a lawyer because of the extra power in this round?
Thanks |
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#2 |
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Member
Join Date: June 5, 2005
Posts: 72
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If you're that worried about being sued, you probably shouldn't be using a gun at all.
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#3 |
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Senior Member
Join Date: March 30, 2001
Posts: 3,604
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You will be sued by the criminal or their family regardless.
Could it be used against you? Sure, but I don't think it will hold. The round is legal and used for its intended purpose. As opposed to those people who jury rigged an electrical barrier with legal parts that ended up killing. Police sometimes use +p. If you go to a store and ask for self defense ammo, more often than not they will point to the +p stuff. |
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#4 |
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Senior Member
Join Date: March 16, 1999
Location: Colorado
Posts: 2,342
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I have no use for +p....
But it has nothing to do with legalities |
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#5 |
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Senior Member
Join Date: June 23, 2004
Location: Ohio
Posts: 5,644
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Yea, you could worry about being sued. Police and anyone that carries a defensive weapon can worry about it, but you do what you gotta do, within legal limits, so hopefully you come out on top, despite the unpleasantness. Saying you don't have concern about repurcussions, like some posters, might point to a cavalier attitude and they perhaps should not use a gun for defense. In the real world it is a real problem. Unlike fictional movies and shows where you holster your gun and ride off into the sunset, never to concern yourself with the matter again! But tried by 12 versus carried by 6 has a ring of truth to it! And +P is not a problem. Police use it. Government uses it. They even use +P+ without it being a problem, if that helps! Except to wear out the guns faster.
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#6 |
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Junior member
Join Date: August 31, 2001
Posts: 8,785
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+P is below standard pressure for European loads the guns are designed for. It isn't "extra", standard P is downloaded.
The easiest defense is that you are using a police load. +P is going to sound much less evil than "magnum", anyway. |
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#7 |
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Senior Member
Join Date: July 16, 2005
Location: Minnesota
Posts: 887
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Maybe go for a .44 special. It doesn't sound intimidating at all; it just sounds cute--it's "special."
~Ichiro |
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#8 |
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Junior member
Join Date: February 11, 2001
Location: midwest
Posts: 782
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If you ever have to use your weapon to defend you and yours, +p will be the least of your problems.
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#9 |
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Junior member
Join Date: September 25, 2005
Posts: 1,372
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The only sure way to avoid a lawsuit is to club the burglar from behind and dispose of the body yourself, in secret
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#10 | |
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Senior Member
Join Date: June 29, 2005
Posts: 179
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+P legal woes?
Quote:
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#11 |
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Senior Member
Join Date: November 8, 2005
Posts: 897
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+P is less of a problem in the scenero you present than some of the names and marketing used by the manufactures of the ammo IMHO.
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#12 |
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Senior Member
Join Date: October 31, 2005
Posts: 1,231
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While I'm not a laywer...+p round are legal, if it is available in any gun store I think you will be OK. It when you get into homemade stuff to make bullets more lethal, you would have legal problems. The only example I can think of is if you remember the Jaws movies (I can't remember if it was the first or the second one) the poilce chief puts poison in the hollowpoints of his revolver rounds (like a pinch of rat poison will make a .38 round more effective against a Great White Shark
) now that might be illegal and if caught shooting a BG in your home with one of those rounds, regardless of what the BG did, it will open you up to criminal and civil charges.
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#13 |
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Senior Member
Join Date: September 12, 2005
Posts: 3,725
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It is good to think legally about the civil concerns after a shooting. For that reason I wouldn't use my handloads for self defense unless we were in aome sort of nightmare civil uprising where I had gone through all my normal defensive rounds. At that point nobody would care.
A good solution, assuming you are using a common caliber, would be to find out what some major police departments use. My 9mm uses the exact same round as the NYPD. The 9mm +P 124 Grain Gold Dot. The NYPD is the most legally gun shy department in the nation that I know of and held out on keeping the 38 lead round nose later than almost anyone else. As long as you stick with something over the counter and avoid the gimmick rounds like EXTREME SHOCK (read HYPE and they suck anyways), try top refrain from filling your book rack with boks titled "How To Kill", and avoid hanging life like targets aroundd your living room that you have shot the genitalia and heads off of you should be as coverred as the next legitimate citizen after a legal shooting. You may still get sued but your exposure is no worse for having used a +P round. |
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#14 |
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Senior Member
Join Date: March 5, 2005
Posts: 365
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There's always the possiblility of civil or even criminal action following a defensive shooting and some experts warn against handloads for this reason. A good attorney will try to make an issue of anything he or she can in trying to sway a jury. But I have never heard of any factory ammo being an issue.
I carry very hot handloads, myself, because where I live juries don't reward violent criminals and local cops and prosecutors don't hassle law-abiding gun owners. |
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#15 |
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Staff
Join Date: November 17, 2000
Posts: 13,307
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If the shoot is not good or you have a crappy lawyer - then the jury might be influenced by someone bringing up the round types.
In jury simulation studies, weapons issues have had a negative impact on juries. Bullet type has not been tested to my knowledge. Your best defense is too really know when to shoot and if you do go to trial, get a lawyer and experts really cognizant of these issues to short circuit or give a reasonable counter argument to any prosecutorial shennigans.
__________________
NRA, TSRA, IDPA, NTI, Polite Soc. http://www.teddytactical.com/archive...05_Feature.htm Being an Academic Shooter http://www.teddytactical.com/archive...11_Feature.htm Being an Active Shooter |
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#16 |
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Senior Member
Join Date: September 29, 2004
Posts: 485
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The whole "don't use +P you'll be sued" thing is a myth. It is circualted by the same people who believe in "energy transfer" and "knock down power" in handguns. Often thrown in with this wive's tale is a cautionary statement about what type of gun you should be afraid to own and use, as well as how many shots you should feel comfortable firing. Someone please show me a case where someone within their rights lost a lawsuit because they used the infamous "exploding bullets" or some such thing.
In Texas, you may empty 20 rounds of exploding extra lethal cop-killing bone sawing ultra dangerous bullets into your attacker fired from your 23" "Devastator" Handgun in murder magnum caliber and no one will even blink.
__________________
Someone just hit me with a snow ball; and I can see the guy who threw it.--Phil Simms, AFC Divisional Playoff, January 19, 2002, Pats/Raiders (The infamous "tuck rule" game) |
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#17 |
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Senior Member
Join Date: December 21, 2005
Location: Sarasota (sort of) Florida
Posts: 1,185
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the concern of a lawsuit does not influence what I stuff in my guns.
That is all. AFS |
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#18 |
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Senior Member
Join Date: March 6, 2006
Location: Atlanta, GA
Posts: 613
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Every time I've had to tell a cop I've had a concealed firearm I haven't heard "You really shouldn't be carrying +p or magnum rounds!" They were like "cool gun, great job concealing it, thanks for knowing the law and informing me, have a nice day" some wouldn't shut up!
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#19 |
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Senior Member
Join Date: March 1, 2006
Posts: 213
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+1 2 3 and 4 with the thoughts of 'who cares what the round is!'
It's legal and as far as I'm personally concerned, if you cross the threshhold of my home to do me harm, you deserve what's coming to you. Let the lawyers worry about the other stuff. |
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#20 |
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Member
Join Date: March 3, 2006
Location: Tennessee
Posts: 54
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I've know those who carry .38+P in their .357MAG. Think that'd be a problem?
__________________
USAF Retired NRA Patron Member NRA Golden Eagle "But as for me and my house, we will serve the LORD." Joshua 24:15b |
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